G.R. No.

189121
July 31, 2013
AMELIA GARCIA-QUIAZON, JENNETH QUIAZON and MARIA JENNIFER
QUIAZON
vs.
MA. LOURDES BELEN, for and in behalf of MARIA LOURDES ELISE QUIAZON
__________________________________________
PEREZ, J.:

FACTS: Maria Lourdes Elise Quiazon (Elise), represented by her mother, Ma.
Lourdes Belen (Lourdes), filed a Petition for Letters of Administration before the RTC
of Las Pias City. Elise claims that she is the natural child of Eliseo having been
conceived and born at the time when her parents were both capacitated to marry
each other. Elise impugned the validity of Eliseos marriage to Amelia Quizaon by
claiming that it was bigamous for having been contracted during the subsistence of
the latters marriage with one Filipito Sandico. To prove her filiation to the decedent,
Elise attached to the Petition for Letters of Administration her Certificate of Live
Birth signed by Eliseo as her father. It was alleged that Eliseo left real properties
worth P2,040,000 and personal properties worth P2,100,000. In order to preserve
the estate of Eliseo and to prevent the dissipation of its value, Elise sought her
appointment as administratrix of her late fathers estate.
Claiming that the venue of the petition was improperly laid, Amelia, with her
children, Jenneth and Jennifer, opposed the issuance of the letters of administration
by filing an Opposition/Motion to Dismiss. The petitioners asserted that as shown by
his Death Certificate, Eliseo was a resident of Capas, Tarlac and not of Las Pias
City, at the time of his death. Pursuant to Section 1, Rule 73 of the Revised Rules of
Court, the petition for settlement of decedents estate should have been filed in
Capas, Tarlac and not in Las Pias City. In addition to their claim of improper venue,
the petitioners averred that there are no factual and legal bases for Elise to be
appointed administratix of Eliseos estate.
The RTC directed the issuance of Letters of Administration to Elise upon posting the
necessary bond. The lower court ruled that the venue of the petition was properly
laid in Las Pias City, thereby discrediting the position taken by the petitioners that
Eliseos last residence was in Capas, Tarlac, as hearsay.
On appeal, the decision of the trial court was affirmed in toto by the CA and held
that Elise was able to prove that Eliseo and Lourdes lived together as husband and
wife by establishing a common residence in Las Pias City, from 1975 up to the time
of Eliseos death in 1992. For purposes of fixing the venue of the settlement of
Eliseos estate, CA upheld the conclusion reached by the RTC that the decedent was
a resident of Las Pias City. The petitioners Motion for Reconsideration was denied
by the CA. Hence, this petition.
ISSUES:
I. Whether or not Eliseo Quiazon was a resident of Las Pias and therefore, the
petition for Letter's of Administration was properly filed with the RTC of Las Pias.
(YES) ; and
II. Whether or not Elise Quiazon has not shown any interest in the petition for

Letters of Asministration. (NO)

RULING:
We find the petition bereft of merit.
I.) Under Section 1, Rule 73 of the Rules of Court, the petition for letters of
administration of the estate of a decedent should be filed in the RTC of the province
where the decedent resides at the time of his death:
Sec. 1. Where estate of deceased persons settled. If the decedent is an inhabitant of
the Philippines at the time of his death, whether a citizen or an alien, his will shall be
proved, or letters of administration granted, and his estate settled, in the Court of First
Instance now Regional Trial Court in the province in which he resides at the time of his
death, and if he is an inhabitant of a foreign country, the Court of First Instance now
Regional Trial Court of any province in which he had estate. The court first taking
cognizance of the settlement of the estate of a decedent, shall exercise jurisdiction to
the exclusion of all other courts. The jurisdiction assumed by a court, so far as it
depends on the place of residence of the decedent, or of the location of his estate,
shall not be contested in a suit or proceeding, except in an appeal from that court, in
the original case, or when the want of jurisdiction appears on the record. (Emphasis
supplied).

The term "resides" connotes ex vi termini "actual residence" as distinguished from

"legal residence or domicile." This term "resides," like the terms "residing" and
"residence," is elastic and should be interpreted in the light of the object or purpose
of the statute or rule in which it is employed. In the application of venue statutes
and rules Section 1, Rule 73 of the Revised Rules of Court is of such nature
residence rather than domicile is the significant factor. Even where the statute uses
word "domicile" still it is construed as meaning residence and not domicile in the
technical sense. Some cases make a distinction between the terms "residence" and
"domicile" but as generally used in statutes fixing venue, the terms are
synonymous, and convey the same meaning as the term "inhabitant." In other
words, "resides" should be viewed or understood in its popular sense, meaning, the
personal, actual or physical habitation of a person, actual residence or place of
abode. It signifies physical presence in a place and actual stay thereat. Venue for
ordinary civil actions and that for special proceedings have one and the same
meaning. As thus defined, "residence," in the context of venue provisions, means
nothing more than a persons actual residence or place of abode, provided he
resides therein with continuity and consistency.
The CA cannot be faulted for affirming the ruling of the RTC that the venue for the
settlement of the estate of Eliseo was properly laid in Las Pias City. It is evident
from the records that during his lifetime, Eliseo resided at No. 26 Everlasting Road,
Phase 5, Pilar Village, Las Pias City. For this reason, the venue for the settlement of
his estate may be laid in the said city.
II.) Section 6, Rule 78 of the Revised Rules of Court lays down the preferred persons
who are entitled to the issuance of letters of administration, thus:
Sec. 6. When and to whom letters of administration granted. If no executor is
named in the will, or the executor or executors are incompetent, refuse the trust, or

fail to give bond, or a person dies intestate, administration shall be granted:

(a) To the surviving husband or wife, as the case may be, or next of kin, or both, in the
discretion of the court, or to such person as such surviving husband or wife, or next of
kin, requests to have appointed, if competent and willing to serve;
(b) If such surviving husband or wife, as the case may be, or next of kin, or the person
selected by them, be incompetent or unwilling, or if the husband or widow, or next of
kin, neglects for thirty (30) days after the death of the person to apply for
administration or to request that administration be granted to some other person, it
may be granted to one or more of the principal creditors, if competent and willing to
serve;
(c) If there is no such creditor competent and willing to serve, it may be granted to
such other person as the court may select.

Upon the other hand, Section 2 of Rule 79 provides that a petition for Letters of
Administration must be filed by an interested person, thus:
Sec. 2. Contents of petition for letters of administration. A petition for letters of
administration must be filed by an interested person and must show, so far as known
to the petitioner:
(a) The jurisdictional facts;
(b) The names, ages, and residences of the heirs, and the names and residences of
the creditors, of the decedent;
(c) The probable value and character of the property of the estate;
(d) The name of the person for whom letters of administration are prayed.
But no defect in the petition shall render void the issuance of letters of administration.

An "interested party," in estate proceedings, is one who would be benefited in the

estate, such as an heir, or one who has a claim against the estate, such as a
creditor. Also, in estate proceedings, the phrase "next of kin" refers to those whose
relationship with the decedent Is such that they are entitled to share in the estate
as distributees.
In the instant case, Elise, as a compulsory heir who stands to be benefited by the
distribution of Eliseos estate, is deemed to be an interested party. With the
overwhelming evidence on record produced by Elise to prove her filiation to Eliseo,
the petitioners pounding on her lack of interest in the administration of the
decedents estate, is just a desperate attempt to sway this Court to reverse the
findings of the CA. Certainly, the right of Elise to be appointed administratix of the
estate of Eliseo is on good grounds. It is founded on her right as a compulsory heir,
who, under the law, is entitled to her legitimate after the debts of the estate are
satisfied. Having a vested right in the distribution of Eliseos estate as one of his
natural children, Elise can rightfully be considered as an interested party within the
purview of the law.